May 14, 2012

DepEd Order No. 40, s. 2012

DEPED CHILD PROTECTION

POLICY
To:

Undersecretaries
Assistant Secretaries
Bureau Directors
Directors of Services, Centers and Heads of Unit
Regional Secretary, ARMM
Regional Directors
Schools Division/City Superintendents
Chiefs of Divisions
Heads, Public and Private Elementary and Secondary Schools
All Others Concerned

For the information and guidance of all concerned, the Department of Education
(DepEd) issues the enclosed copy of the Policy and Guidelines on Protecting Children in
School from Abuse, Violence, Exploitation, Discrimination, Bullying and Other Forms of
Abuse entitled “DepEd Child Protection Policy.”

Pursuant to Section 26 thereof, this DepEd Order shall take effect immediately upon
issuance.

All Orders, Memoranda and other related issuances inconsistent with these policy and
guidelines are deemed amended accordingly upon its effectivity.
Immediate dissemination of and strict compliance with this Order is directed.

BR. ARMIN A. LUISTRO FSC

Secretary

Policy and Guidelines on

Protecting Children in School
from Abuse, Violence,
Exploitation, Discrimination,
Bullying and Other Forms of
Abuse (DepEd Order No. 40, s.
2012)

GENERAL PROVISIONS
Section 1. Short Title
This Department Order shall be known as the “DepEd Child Protection Policy.”

Section 2. – Statement of Policy

Pursuant to the 1987 Constitution, the State shall defend the right of children to
assistance, including proper care and nutrition, and special protection from all forms of
neglect, abuse, cruelty, exploitation and other conditions prejudicial to their
development (Article XV, Section 3 [2]).

The Constitution further provides that all educational institutions shall inculcate
patriotism and nationalism, foster love of humanity, respect for human rights,
appreciation of the role of national heroes in the historical development of the country,
teach the rights and duties of citizenship, strengthen ethical and spiritual values,
develop moral character and personal discipline, encourage critical and creative
thinking, broaden scientific and technological knowledge, and promote vocational
efficiency. (Article XIV, Section 3 [2]).

The Convention on the Rights of the Child (CRC) aims to protect children from all forms
of physical or mental violence, injury and abuse, neglect or negligent treatment,
maltreatment and exploitation, including sexual abuse. The same Convention
establishes the right of the child to education, and with a view to achieving this right
progressively, and on the basis of equal opportunity, it obliges the government to take
measures to encourage regular attendance in school and reduce dropout rates. Thus, it
is mandated that all appropriate measures be undertaken to ensure that school
discipline is administered in a manner consistent with the child’s human dignity, and in
conformity with the CRC.

Towards this end, the Department of Education (DepEd), in collaboration with its
partners and stakeholders, shall ensure that all schools are conducive to the education of
children. The best interest of the child shall be the paramount consideration in all
decisions and actions involving children, whether undertaken by public or private social
welfare institutions, courts of law, administrative authorities, and legislative bodies,
consistent with the principle of First Call for Children, as enunciated in the CRC.
Teachers and learning facilitators especially in learning centers are their substitute
parents, and are expected to discharge their functions and duties with this in mind. In
this connection, the Family Code empowers the school, its administrators and teachers,
or the individual, entity or institution engaged in child care to exercise the special
parental authority and responsibility over the child, while under their supervision,
instruction or custody.

The Department recognizes that cases of abuse may arise as a result of the difficult
situations faced by teachers and other officials within and outside school.

DepEd has adopted the policy to provide special protection to children who are gravely
threatened or endangered by circumstances which affect their normal development and
over which they have no control, and to assist the concerned agencies in their
rehabilitation.

Furthermore, this Department aims to ensure such special protection from all forms of
abuse and exploitation and care as is necessary for the child’s well-being, taking into
account the primary rights and duties of parents, legal guardians, or other individuals
who are legally responsible and exercise custody over the child. DepEd recognizes the
participatory rights of the child in the formulation and implementation of policies, and
in all proceedings affecting them, whether they be victims or aggressors, either directly,
or through a representative.

Accordingly, this Department reiterates a zero tolerance policy for any act of child
abuse, exploitation, violence, discrimination, bullying and other forms of abuse, and
hereby promulgates this Department Order.

Section 3. – Definition of Terms

A. “Child” – refers to any person below eighteen (18) years of age or those over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a physical or mental disability or
condition; (RA 7610). For purposes of this Department Order, the term also includes
pupils or students who may be eighteen (18) years of age or older but are in school.

B. “Children in School” – refers to bona fide pupils, students or learners who are
enrolled in the basic education system, whether regular, irregular, transferee or
repeater, including those who have been temporarily out of school, who are in the school
or learning centers premises or participating in school-sanctioned activities.

C. “Pupil, Student or Learner” – means a child who regularly attends classes in any
level of the basic education system, under the supervision and tutelage of a teacher or
facilitator.

D. “School Personnel” – means the persons, singly or collectively, working in a

public or private school. They are classified as follows:

a. “School Head” refers to the chief executive officer or administrator of a public or

private school or learning center.

b. “Other School Officials” include other school officers, including teachers, who are
occupying supervisory positions or positions of responsibility, and are involved in policy
formulation or implementation in a school.

c. “Academic Personnel” includes all school personnel who are formally engaged in
actual teaching service or in research assignments, either on a full-time or a part-time
basis, as well as those who possess certain prescribed academic functions directly
supportive of teaching, such as registrars, librarians, guidance counselors, researchers,
and other similar persons. They may include school officials who are responsible for
academic matters, and other school officials.

d. “Other Personnel” includes all other non-academic personnel in the school,

whatever may be the nature of their appointment and status of employment.

E. “Child Protection” – refers to programs, services, procedures and structures that

are intended to prevent and respond to abuse, neglect, exploitation, discrimination and
violence.

F. “Parents” – refers to biological parents, step-parents, adoptive parents and the

common-law spouse or partner of the parent;

G. “Guardians or Custodians” – refers to legal guardians, foster parents, and other

persons, including relatives or even non-relatives, who have physical custody of the
child.

H. “School Visitor or Guest” – refers to any person who visits the school and has
any official business with the school, and any person who does not have any official
business but is found within the premises of the school. This may include those who are
within the school premises for certain reasons, e.g. student teachers, catechists, service
providers, suppliers, bidders, parents and guardians of other children.

I. “Child Abuse” – refers to the maltreatment of a child, whether habitual or not,

which includes any of the following:

1) psychological or physical abuse, neglect, cruelty, sexual abuse and emotional

maltreatment;

2) any act by deeds or words which debases, degrades or demeans the intrinsic worth
and dignity of a child as a human being;

3) unreasonable deprivation of the child’s basic needs for survival, such as food and
shelter; or

4) failure to immediately give medical treatment to an injured child resulting in serious

impairment of his or her growth and development or in the child’s permanent incapacity
or death (Sec. 3 [b], RA 7610).

J. “Discrimination against children” – refers to an act of exclusion, distinction,

restriction or preference which is based on any ground such as age, ethnicity, sex, sexual
orientation and gender identity, language, religion, political or other opinion, national
or social origin, property, birth, being infected or affected by Human Immunodeficiency
Virus and Acquired Immune Deficiency Syndrome (AIDS), being pregnant, being a child
in conflict with the law, being a child with disability or other status or condition, and
which has the purpose or effect of nullifying or impairing the recognition, enjoyment or
exercise by all persons, on an equal footing, of all rights and freedoms.

K. “Child exploitation” – refers to the use of children for someone else’s advantage,
gratification or profit often resulting in an unjust, cruel and harmful treatment of the
child. These activities disrupt the child’s normal physical or mental health, education,
moral or social emotional development. It covers situations of manipulation, misuse,
abuse, victimization, oppression or ill-treatment.

There are two (2) main forms of child exploitation that are recognized:

1) Sexual exploitation – refers to the abuse of a position of vulnerability, differential

power, or trust, for sexual purposes. It includes, but it is not limited to forcing a child to
participate in prostitution or the production of pornographic materials, as a result of
being subjected to a threat, deception, coercion, abduction, force, abuse of authority,
debt bondage, fraud or through abuse of a victim’s vulnerability.

2) Economic exploitation – refers to the use of the child in work or other activities
for the benefit of others. Economic exploitation involves a certain gain or profit through
the production, distribution and consumption of goods and services. This includes, but
is not limited to, illegal child labor, as defined in RA 9231.

L. “Violence against children committed in schools” – refers to a single act or a

series of acts committed by school administrators, academic and non-academic
personnel against a child, which result in or is likely to result in physical, sexual,
psychological harm or suffering, or other abuses including threats of such acts, battery,
assault, coercion, harassment or arbitrary deprivation of liberty. It includes, but is not
limited to, the following acts:

1) Physical violence refers to acts that inflict bodily or physical harm. It includes
assigning children to perform tasks which are hazardous to their physical well-being.

2) Sexual violence refers to acts that are sexual in nature. It includes, but is not
limited to:

a) rape, sexual harassment, acts of lasciviousness, making demeaning and sexually

suggestive remarks, physically attacking the sexual parts of the victim’s body;
b) forcing the child to watch obscene publications and indecent shows or forcing the
child to do indecent sexual acts and/or to engage or be involved in, the creation or
distribution of such films, indecent publication or material; and

c) acts causing or attempting to cause the child to engage in any sexual activity by force,
threat of force, physical or other harm or threat of physical or other harm or coercion, or
through inducements, gifts or favors.

3) Psychological violence refers to acts or omissions causing or likely to cause

mental or emotional suffering of the child, such as but not limited to intimidation,
harassment, stalking, damage to property, public ridicule or humiliation, deduction or
threat of deduction from grade or merit as a form of punishment, and repeated verbal
abuse.

4) Other acts of violence of a physical, sexual or psychological nature that are

prejudicial to the best interest of the child.

M. “Bullying or Peer Abuse” – refers to willful aggressive behavior that is directed,

towards a particular victim who may be out-numbered, younger, weak, with disability,
less confident, or otherwise vulnerable. More particularly:

1) Bullying – is committed when a student commits an act or a series of acts directed

towards another student, or a series of single acts directed towards several students in a
school setting or a place of learning, which results in physical and mental abuse,
harassment, intimidation, or humiliation. Such acts may consist of any one or more of
the following:

a. Threats to inflict a wrong upon the person, honor or property of the person or on his
or her family;

b. Stalking or constantly following or pursuing a person in his or her daily activities,

with unwanted and obsessive attention;

c. Taking of property;

d. Public humiliation, or public and malicious imputation of a crime or of a vice or

defect, whether real or imaginary, or any act, omission, condition, status, or
circumstance tending to cause dishonor, discredit or expose a person to contempt;

e. Deliberate destruction or defacement of, or damage to the child’s property;

f. Physical violence committed upon a student, which may or may not result to harm or
injury, with or without the aid of a weapon. Such violence may be in the form of
mauling, hitting, punching, kicking, throwing things at the student, pinching, spanking,
or other similar acts;

g. Demanding or requiring sexual or monetary favors, or exacting money or property,

from a pupil or student; and

h. Restraining the liberty and freedom of a pupil or student.

1) Cyber-bullying – is any conduct defined in the preceding paragraph, as resulting in

harassment, intimidation, or humiliation, through electronic means or other technology,
such as, but not limited to texting, email, instant messaging, chatting, internet, social
networking websites or other platforms or formats.

N. “Other acts of abuse by a pupil, student or learner”– refers to other serious

acts of abuse committed by a pupil, student or learner upon another pupil, student or
learner of the same school, not falling under the definition of ‘bullying’ in the preceding
provisions, including but not limited to acts of a physical, sexual or psychological
nature.

O. “Corporal Punishment” – refers to a kind of punishment or penalty imposed for

an alleged or actual offense, which is carried out or inflicted, for the purpose of
discipline, training or control, by a teacher, school administrator, an adult, or any other
child who has been given or has assumed authority or responsibility for punishment or
discipline. It includes physical, humiliating or degrading punishment, including, but not
limited to the following:

1) Blows such as, but not limited to, beating, kicking, hitting, slapping, or lashing, of any
part of a child’s body, with or without the use of an instrument such as, but not limited
to a cane, broom, stick, whip or belt;

2) Striking of a child’s face or head, such being declared as a “no contact zone”;

3) Pulling hair, shaking, twisting joints, cutting or piercing skin, dragging, pushing or
throwing of a child;

4) Forcing a child to perform physically painful or damaging acts such as, but not
limited to, holding a weight or weights for an extended period and kneeling on stones,
salt, pebbles or other objects;

5) Deprivation of a child’s physical needs as a form of punishment;

6) Deliberate exposure to fire, ice, water, smoke, sunlight, rain, pepper, alcohol, or
forcing the child to swallow substances, dangerous chemicals, and other materials that
can cause discomfort or threaten the child’s health, safety and sense of security such as,
but not limited to bleach or insecticides, excrement or urine;

7) Tying up a child;

8) Confinement, imprisonment or depriving the liberty of a child;

9) Verbal abuse or assaults, including intimidation or threat of bodily harm, swearing or

cursing, ridiculing or denigrating the child;

10) Forcing a child to wear a sign, to undress or disrobe, or to put on anything that will
make a child look or feel foolish, which belittles or humiliates the child in front of
others;

11) Permanent confiscation of personal property of pupils, students or learners, except

when such pieces of property pose a danger to the child or to others; and

12) Other analogous acts.

P. “Positive and Non-Violent Discipline of Children” -is a way of thinking and a

holistic, constructive and pro-active approach to teaching that helps children develop
appropriate thinking and behavior in the short and long-term and fosters self-discipline.
It is based on the fundamental principle that children are full human beings with basic
human rights. Positive discipline begins with setting the long-term goals or impacts that
teachers want to have on their students’ adult lives, and using everyday situations and
challenges as opportunities to teach life-long skills and values to students.

DUTIES AND
RESPONSIBILITIES
Section 4. Central Office
The DepEd Central Office shall have the following duties and responsibilities:
A. Develop a policy and guidelines for the prevention of violence against children in
schools and make these available to all schools;

B. Conduct a nationwide information dissemination and campaign on violence

prevention programs for children and researchbased best practices for teachers, which
are intended to promote new techniques, methodologies and research related to
teaching, classroom management, child development, positive and non-violent
discipline;

C. Devise programs, campaigns and activities through the Offices of the Undersecretary
for Programs and Projects and Regional Operations, to raise consciousness, mobilize
and educate the students, parents, teachers, community, local government units and
other stakeholders in addressing child abuse, exploitation, violence, discrimination and
bullying; and

D. Formulate a system of standard reporting, prescribe standards and procedures for

monitoring and evaluation, and maintain the central repository of Regional Reports
(Annex “A”) on incidents and cases of child abuse, exploitation, violence, discrimination,
bullying and other acts of abuse, through the Office of the Undersecretary for Legal and
Legislative Affairs.

The data on the number and types of reports made under these guidelines, the results of
investigations undertaken to verify the details made in the complaints, the sanctions
imposed, the action taken and the interventions adopted, are to be maintained on an
annual aggregated basis.

E. The Secretary shall exercise disciplinary jurisdiction, where appropriate, pursuant to

the Revised Rules of Procedure of the Department of Education in Administrative Cases
and other existing laws, rules and regulations.

Section 5. Regional Offices

The Regional Offices shall have the following duties and responsibilities:

A. Encourage and support advocacy campaigns and capability building activities on the
prevention of child abuse, violence, exploitation, discrimination, bullying and other
forms of abuse, promotion of positive and non-violent discipline, conflict resolution and
peer mediation;
 B. Consolidate reports on incidents and cases of the Division Offices within the Region
and submit a Regional Report (Annex “A”) to the Undersecretary for Legal and
Legislative Affairs;

C. Monitor and evaluate the implementation and enforcement of this Department Order
by the Schools Division Offices and such other related laws and regulations relative to
abuse, exploitation, violence and discrimination of children;

D. Exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules

of Procedure of the Department of Education in Administrative Cases and other existing
laws, rules and regulations; and

E. Give recommendations to the Central Office on the policies, programs, and services,
to address and prevent cases of child abuse, exploitation, violence and discrimination,
bullying and other acts of abuses, consistent with this Department Order.

Section 6. Division Offices

The Division Offices shall have the following duties and responsibilities:

A. Conduct the information-dissemination activities and in-service training for teachers

on the protection of children in school from abuse, violence, exploitation,
discrimination, bullying or peer abuse and other related cases;

B. Undertake advocacy campaigns and capability building activities to enable the

schools to do the following:

 Apply positive and non-violent discipline,

 Formulate and implement guidelines and procedures to emphasize the role of all
stakeholders and other persons in the prevention and reporting of cases of bullying, and
 Provide conflict resolution or peer mediation, including referral to appropriate service
providers, if needed;

C. Organize and conduct the capacity building activities for members of the Child
Protection Committee and Guidance Counselors/Teachers; including, but not limited to
the identification of students who may be suffering from significant harm based on any
physical, emotional or behavioral signs;

D. Develop strategies to address the risk factors that contribute to the commission of
acts of abuse, violence, exploitation, discrimination, and bullying;
E. Consolidate the reports on incidents and cases of all schools and submit a Division
Report (Annex “A”) to the Regional Office;

F. Monitor and evaluate the implementation and enforcement by public and private
schools of this Department Order and such other related laws and regulations relative to
abuse, exploitation, violence and discrimination of children;

G. Exercise disciplinary jurisdiction, where appropriate, pursuant to the Revised Rules

of Procedure of the Department of Education in Administrative Cases and other existing
laws, rules and regulations;

H. Give recommendations to the Regional Office and devise measures to address and
prohibit abuse, exploitation, violence and discrimination, and bullying or peer abuse of
children, consistent with this Department Order;

I. Utilize resources, coordinate with appropriate offices and other agency or

instrumentality for such assistance as it may require in the performance of its functions;

J. Encourage and support activities and campaigns initiated by stakeholders; and

K. Perform such other functions, as may be assigned by the Secretary or the Regional
Director.

Section 7. – Schools
The School Heads shall have the following duties and responsibilities:

A. Ensure the institution of effective child protection policies and procedures, and
monitor compliance thereof;

B. Ensure that the school adopts a child protection policy;

C. Ensure that all pupils, students or learners, school personnel, parents, guardians or
custodians, and visitors and guests are made aware of child protection policy (Annex
“C”).

D. Organize and convene the Child Protection Committee for the school;
E. Conduct the capacity building activities for the members of the Child Protection
Committee and Guidance Counselors/Teachers;

F. Conduct disciplinary proceedings in cases of offenses committed by pupils, students

or learners;

G. Ensure that the participatory and other rights of children are respected and upheld in
all matters and procedures affecting their welfare;

H. Maintain a record of all proceedings related to bullying or peer abuse and submit
after each school year to the Division Office the report and a copy of the intake form
(Annexes “A” & “B”, respectively);

I. Conduct the appropriate training and capabilitybuilding activities on child protection

measures and protocols;

J. Ensure that the school adopts a student Code of Conduct to be followed by every
pupil, student or learner while on school grounds, or when traveling to and from school,
or during a school-sponsored activity, and during lunch period, whether on or off
campus;

K. Adopt such conflict resolution mechanisms that respect the rights of indigenous
peoples, provided that they conform to this Department Order and they uphold the
rights of the child;

L. Coordinate with the appropriate offices and other agency or instrumentality for
appropriate assistance and intervention, as may be required in the performance of its
functions;

M. Coordinate with the Department of Social Welfare and Development or, the
appropriate government agencies or non-governmental organizations on a Child
Protection Hotline for reporting abuse, violence, exploitation, discrimination, bullying
and other similar acts and for counseling;

N. Ensure that all incidents of abuse, violence, exploitation, discrimination, bullying and
other similar acts are addressed in accordance with the provisions of this Department
Order.
Section 8. Duties and Responsibilities of
School Personnel
Article 218 of the Family Code of the Philippines provides the following responsibilities
of school administrators, teachers, academic and nonacademic and other personnel:

A. Exercise special parental authority and responsibility over the child while under their
supervision, instruction and custody. Authority and responsibility shall apply to all
authorized activities whether inside or outside the premises of the school, entity or
institution.

Articles 220 and 233 of the Family Code of the Philippines, Presidential Decree No. 603,
and other related laws enumerated the following duties and responsibilities of the
abovementioned persons and personnel over the children under their supervision,
instruction and custody:

B. Keep them in their company and support, educate and instruct them by right precept
and good example;

C. Give them love and affection, advice and counsel, companionship and understanding;

D. Enhance, protect, preserve and maintain their physical and mental health at all
times;

E. Furnish them with good and wholesome educational materials, supervise their
activities, recreation and association with others, protect them from bad company and
prevent them from acquiring habits detrimental to their health, studies and morals;

F. Represent them in all matters affecting their interests;

G. Inculcate the value of respect and obedience;

H. Practice positive and non-violent discipline, as may be required under the

circumstances; provided, that in no case shall corporal punishment be inflicted upon
them;

I. Perform such other duties as are imposed by law upon them, as substitute parents or
guardians; and
J. School personnel shall also strictly comply with the school’s child protection policy.

Section 9. Duties and Responsibilities of

Pupils, Students and Learners
Pupils, students and learners shall have the following duties and responsibilities:

A. Comply with the school’s regulations, as long as they are in harmony with their best
interests. Pupils, students and learners shall refrain from:

i. Engaging in discrimination, or leading a group of pupils or students to discriminate

another, with reference to one’s physical appearance, weaknesses and status of any sort;

ii. Doing any act that is inappropriate or sexually provocative;

iii. Participating in behavior of other students that is illegal, unsafe or abusive;

iv. Marking or damaging school property, including books, in any way;

v. Engaging in fights or any aggressive behavior;

vi. Introducing into the school premises or otherwise possessing prohibited articles,
such as deadly weapons, drugs, alcohol, toxic and noxious substances, cigarettes and
pornographic material; and

vii. Performing other similar acts that cause damage or injury to another.

An allegation that any of these acts has been committed shall not be used to curtail the
child’s basic rights, or interpreted to defeat the objectives of this Department Order.

B. Conduct themselves in accordance with their levels of development, maturity, and

demonstrated capabilities, with a proper regard for the rights and welfare of other
persons;

C. Respect another person’s rights regardless of opinion, status, gender, ethnicity,

religion, as well as everyone’s moral and physical integrity; and

D. Observe the Code of Conduct for pupils, students and learners.

 Section 10. Establishment of Child Protection Committee

All public and private elementary and secondary schools shall establish a Child
Protection Committee (CPC).

A. The CPC shall be composed of the following:

1. School Head/Administrator – Chairperson

2. Guidance Counselor/ Teacher – Vice Chairperson
3. Representative of the Teachers as designated by the Faculty Club
4. Representative of the Parents as designated by the Parents-Teachers Association
5. Representative of pupils, students and learners as designated by the Supreme Student
Council
6. Representative from the Community as designated by the Punong Barangay, preferably
a member of the Barangay Council for the Protection of Children (BCPC).

B. The CPC shall perform the following functions:

1. Draft a school child protection policy with a code of conduct and a plan to ensure child
protection and safety, which shall be reviewed every three (3) years. The template for
the school child protection policy is attached as Annex “C”;
2. Initiate information dissemination programs and organize activities for the protection of
children from abuse, exploitation, violence, discrimination and bullying or peer abuse;
3. Develop and implement a school-based referral and monitoring system. The template
for the referral system is attached as Annex “D”;
4. Establish a system for identifying students who may be suffering from significant harm
based on any physical, emotional or behavioral signs;
5. Identify, refer and, if appropriate, report to the appropriate offices cases involving child
abuse, exploitation, violence, discrimination and bullying;
6. Give assistance to parents or guardians, whenever necessary in securing expert guidance
counseling from the appropriate offices or institutions;
7. Coordinate closely with the Women and Child Protection Desks of the Philippine
National Police (PNP), the Local Social Welfare and Development Office (LSWDO),
other government agencies, and non-governmental organizations (NGOs), as may be
appropriate;
8. Monitor the implementation of positive measures and effective procedures in providing
the necessary support for the child and for those who care for the child; and
9. Ensure that the children’s right to be heard are respected and upheld in all matters and
procedures affecting their welfare.
 PREVENTIVE MEASURES TO
ADDRESS CHILD ABUSE,
EXPLOITATION, VIOLENCE,
DISCRIMINATION AND
BULLYING AND OTHER ACTS
OF ABUSE
Section 11. Capacity Building of School
Officials, Personnel, Parents and Students
All public and private elementary and secondary schools shall build the capacities of
school personnel, pupils, students and learners, parents and guardians to understand
and deal with child abuse, exploitation, violence and discrimination cases, bullying and
peer violence by conducting sessions, trainings and seminars on positive peer
relationships and enhancement of social and emotional competence.

They shall use training modules which include positive and nonviolent discipline in
classroom management, anger and stress management and gender sensitivity. They
shall likewise employ means which enhance the skills and pedagogy in integrating and
teaching children’s rights in the classroom.

The programs that are intended to promote Positive and Non-Violent Discipline include,
but are not limited to, the following:

1. Integration of education sessions on corporal punishment and positive discipline in the

initiatives of the Parent-Teachers Associations (PTAs);
2. Capacity-building programs for school administrators, teachers and non-academic
personnel focused on children’s rights, child development and positive and nonviolent
approaches in teaching and classroom management, to enable them to incorporate
positive discipline messages in parent-teacher conferences and family counseling, and
integrate messages on children’s rights and corporal punishment in classroom
discussions;
3. Encouraging and supporting the formation and initiatives of support groups among
teaching and non-teaching staff, and parents and caregivers;
4. Implementing specific parenting orientation sessions with parents and caregivers and
other activities;
5. Implementing school activities or events that raise awareness on children’s rights,
corporal punishment and positive discipline, fostering the active involvement of and
providing venues for bringing together parents, families and children;
6. Encouraging and supporting student-led initiatives to raise awareness on children’s
rights, corporal punishment and positive discipline; and
7. Setting up child-friendly mechanisms for obtaining children’s views and participation in
the formulation, monitoring and assessment of school rules and policies related to
student discipline.

PROTECTIVE AND REMEDIAL

MEASURES TO ADDRESS
CHILD ABUSE, EXPLOITATION,
VIOLENCE, DISCRIMINATION,
BULLYING AND OTHER ACTS
OF ABUSE
Section 12. Procedures in Handling Bullying
Incidents in Schools.
A complaint for bullying or peer abuse shall be acted upon by the School Head following
the procedures herein set forth:

a. Bullying – Upon the filing of a complaint or upon notice by a school personnel or

official of any bullying or peer abuse incident, the same shall be immediately reported to
the School Head, who shall inform the parents or guardian of the victim and the
offending child, in a meeting called for the purpose. The victim and the offending child
shall be referred to the Child Protection Committee for counseling and other
interventions. The penalty of reprimand, if warranted, may be imposed by the School
Head in the presence of the parents or guardians.
If bullying is committed for a second or subsequent time, after the offending child has
received counseling or other interventions, the penalty of suspension for not more than
one (1) week may be imposed by the School Head, if such is warranted. During the
period of suspension, the offending child and the parents or guardians may be required
to attend further seminars and counseling. The School Head shall likewise ensure that
the appropriate interventions, counseling and other services, are provided for the victim
or victims of bullying.

b. Bullying that results in serious physical injuries or death – If the bullying or peer
abuse resulted in serious physical injuries or death, whenever appropriate, the case shall
be dealt with in accordance with the provisions of Republic Act 9344 and its
Implementing Rules and Regulations.

c. Procedure – In all cases where the imposable penalty on the offending child is
suspension, exclusion or expulsion, the following minimum requirements of due process
shall be complied with:

(1) The child and the parents or guardians must be informed of the complaint in writing;

(2) The child shall be given the opportunity to answer the complaint in writing, with the
assistance of the parents or guardian;

(3) The decision of the school head must be in writing, stating the facts and the reasons
for the decision;

(4) The decision of the school head may be appealed, as provided in existing rules of the
Department.

Section 13. Implementation of Non-punitive

Measures.
Depending on the gravity of the bullying committed by any pupil, student or learner, the
school may impose other non-punitive measures, in lieu of punitive measures, in
accordance with the principles of Positive and Non-Violent Discipline.

Section 14. Other acts of violence or abuse.

Other serious acts of violence or abuse committed by a pupil, student or learner upon
another pupil, student or learner of the same school, shall, and whenever appropriate,
 be dealt with in accordance with the provisions of Republic Act 9344 and its
Implementing Rules and Regulations.

RULES AND PROCEDURES IN

HANDLING CHILD ABUSE,
EXPLOITATION, VIOLENCE
AND DISCRIMINATION CASES
Section 15. – Prohibited Acts
The following acts, as defined in Section 3 of this Order, are hereby prohibited and shall
be penalized in administrative proceedings as Grave or Simple Misconduct depending
on the gravity of the act and its consequences, under existing laws, rules and
regulations:

1. Child abuse;
2. Discrimination against children;
3. Child Exploitation ;
4. Violence Against Children in School;
5. Corporal Punishment;
6. Any analogous or similar acts.

Section 16. Investigation and Reporting.

The conduct of investigation and reporting of cases of child abuse, exploitation, violence
or discrimination, shall be done expeditiously, as herein provided.

A. PUBLIC SCHOOLS

A. The School Head or the Schools Division Superintendent, upon receipt of the
Complaint, shall forward the same, within forty-eight (48) hours, to the Disciplining
Authority, who shall then issue an Order for the conduct of a fact-finding investigation,
not later than seventy-two (72) hours from submission. These periods shall be strictly
 observed, except when justified by circumstances beyond their control; Provided, that, if
the person complained of is a nonteaching personnel, the Schools Division
Superintendent shall cause the conduct of a fact-finding investigation within the same
period.

B. If a complaint is not sufficient in form, the concerned School Head, Schools Division
Superintendent, or Disciplining Authority shall immediately inform the complainant of
the requirements of a formal complaint. Upon the filing of the formal complaint, the
same shall be acted upon pursuant to the preceding paragraphs.

C. The conduct of a fact-finding investigation shall be in accordance with the Revised

Rules of Procedure of the Department of Education in Administrative Cases. Pending
investigation, upon referral of the School Principal or Guidance Counselor/Teacher, the
Local Social Welfare and Development Officer (LSWDO) of the concerned local
government unit shall assess the child and provide psychosocial intervention to help the
child victim recover from whatever trauma he or she has experienced as a result of the
abuse. The offender shall likewise undergo psychosocial intervention, if such is
warranted.

If a prima facie case exists based on the Investigation Report and the records, a Formal
Charge shall be issued by the Disciplining Authority, which may be the basis for the
issuance of an Order of Preventive Suspension or as an alternative, reassignment of the
offending party, as may be warranted. The respondent may be placed under preventive
suspension pending investigation, for a period of ninety (90) days, if the injury or abuse
committed against a child is so grave, as to render the child unable to attend his or her
classes. The respondent may also be preventively suspended to preclude the possibility
of influencing or intimidating witnesses.

The respondent may file a Motion for Reconsideration with the Disciplining Authority
or may elevate the same to the Civil Service Commission by way of an Appeal within
fifteen (15) days from receipt thereof.

D. The Revised Rules of Procedure of the Department of Education in Administrative

Cases shall apply in all other aspects.

E. A complaint for education-related sexual harassment as defined under Resolution

No. 01-0940 of the Civil Service Commission, must be in writing, signed and sworn to
by the complainant. It shall contain the following:

1. the full name and address of the complainant;

2. the full name, address, and position of the respondent;
3. a brief statement of the relevant facts;
4. evidence, in support of the complainant, if any;
5. a certification of non-forum shopping.

E.1. The Complaint shall be referred to the Committee on Decorum and Investigation.
Upon receipt of the complaint, the Committee shall require the person complained of to
submit his or her Counter-Affidavit/Comment, which shall be under oath, not later than
three (3) days from receipt of the notice, furnishing the complainant a copy thereof,
otherwise the Counter-Affidavit or Comment shall be considered as not filed.

E.2. The procedure for the conduct of an investigation and all other related incidents,
shall be in accordance with the rules under Resolution No. 01-0940 of the Civil Service
Commission; Provided, that, if the respondent is a teacher, the composition of the
Formal Investigating Committee shall be in accordance with Section 9 of R.A. 4670.

F. The Regional Directors shall periodically monitor and keep a record of all reported
child abuse cases, and submit a final consolidated regional report (Annex “A) to the
Office of the Undersecretary for Legal and Legislative Affairs and the Undersecretary for
Regional Operations.

G. Failure to submit an incident report or to render a decision involving the case within
the prescribed period, without justifiable cause, shall be a ground for administrative
action for neglect of duty against the responsible official.

H. The Office of the Undersecretary for Legal and Legislative Affairs shall compile the
regional reports and submit an annual report to the Secretary.

Section 17. Jurisdiction.

Complaints of child abuse, violence, discrimination, exploitation, bullying and other acts
of abuse under this Department Order shall be within the exclusive jurisdiction of the
Department, and shall not be brought for amicable settlement before the Barangay,
subject to existing laws, rules and regulations. Complaints for acts committed by
persons not under the jurisdiction of the Disciplinary Authority of the Department shall
be referred to the appropriate authorities.

Section 18. Confidentiality.

In child abuse, violence, discrimination, exploitation, bullying or peer abuse and other
acts of abuse by a pupil, student or learners, the identity or other information that may
reasonably identify the pupil, student or learner, whether victim or offender, shall be
withheld from the public to protect his or her privacy.
On the other hand, the Magna Carta for Public School Teachers protects the rights of
teachers and no publicity shall be given to any disciplinary action against a teacher
during the pendency of his or her case.

Section 19. Criminal and Civil Liability. Criminal and civil liability arising from child
abuse, discrimination, exploitation, and other acts of abuse are separate and distinct,
and shall not be a bar to the filing of an administrative case under these guidelines.

B. Private Schools

Section 20. Complaint against school

personnel or official.
A complaint for child abuse, violence, exploitation or discrimination in a private school
shall be filed with the School Head/Chief Executive Officer and shall be acted upon
pursuant to the school’s rules of procedures on administrative cases. The penalty shall
be that which is provided by the rules of the school, subject to the requirements of due
process. The administrative case shall be without prejudice to any civil or criminal case
that may be filed.

Section 21. The private school shall submit the

report (Annex “A”) to the Division Office after
each school year.

REFERRAL AND
ASSESSMENT OF VICTIMS
AND OFFENDERS AND OTHER
CHILDREN
Section 22. Referral and Assessment.
In all cases involving child abuse, violence, exploitation, discrimination, bullying and
other acts of abuse, the CPC shall accomplish the Intake Sheet (Annex “B”). The School
Head may refer the victims and offenders in cases involving child abuse, exploitation,
discrimination, bullying or peer abuse and other acts of abuse, to the LSWDO for
assessment. The LSWDO shall determine the appropriate intervention.

The School Head, with the aid of the assigned Guidance Counselor/Teacher, and in
coordination with the LSWDO, shall immediately remove the victim, or in appropriate
cases the offender, from the place of the incident, if the victim is determined to be at
risk. The child’s family shall be informed of any action taken.

The School Head may also refer to the LSWDO other pupils, students or learners who
are victims of abuse at home, children at risk, children in especially difficult
circumstances, children with special needs or at risk, children facing difficult situations,
or those who are exhibiting signs of aggressive behavior, with a view to obtaining
professional assessment, appropriate interventions and assistance from competent
service providers.

MISCELLANEOUS
PROVISIONS
Section 23. Duties of Private Schools
Private Schools shall be responsible for promulgating a school child protection policy,
including a policy on bullying, a protocol for reporting and procedures for handling and
management of cases, consistent with these policies and guidelines.

Section 24. – Separability Clause

Any part or provision of this Department Order which may be held invalid or
unconstitutional shall not affect the validity and effectivity of the other provisions.

Section 25. Repealing Clause

All prior Department Orders or other issuances, or provisions thereof, which are
inconsistent with this Department Order are hereby repealed, revised or modified
accordingly.

Section 26. – Effectivity

This Department Order shall take effect immediately upon issuance.

BR. ARMIN A. LUISTRO FSC

Secretary